JOHNSON v. MOTIVA ENTERPRISES, LLC

No. 11-CA-949.

95 So.3d 1086 (2012)

Vincent E. JOHNSON v. MOTIVA ENTERPRISES, LLC, Anastasia Coleman, Mike Johnson and Corey E. Bazile.

Court of Appeal of Louisiana, Fifth Circuit.

May 8, 2012.


Attorney(s) appearing for the Case

Richard P. Voorhies, III , Richard C. Stanley , Jennifer L. Thornton , Michelle M. West , Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant.

Mary S. Johnson , Jill T. Losch , Ingrid M. Kemp , Attorneys at Law, Mandeville, LA, Chad J. Mollere , S. Suzanne Mahoney , Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, FREDERICKA HOMBERG WICKER, and ROBERT A. CHAISSON.


FREDERICKA HOMBERG WICKER, Judge.

Plaintiff appeals the trial court's judgment granting defendant's exceptions of no right and no cause of action determining that plaintiff is precluded from pursuing an action against defendant in tort because defendant is entitled to statutory employer status as provided in La. R.S. 23:1061(A)(3). The trial court failed to rule on the issue raised of whether La. R.S. 23:1061(A)(3) is constitutional. For the reasons discussed below...

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